Phoenix Asset Management Privacy Policy

The services each employee, vendor, contractor or business partner performs for or on behalf of the Company may involve proprietary and/or confidential information, such as personnel, financial, and legal information of the Company, its customers, and its employees.

Employees, vendors, contractors and business partners must preserve the secrecy of the Company's confidential and proprietary information, trade secrets, customer records and other confidential information, during and after their employment and/or contracted services with the Company, and may not use any of this information personally or for any other business or person. If a question ever arises about whether information should be treated as confidential, employees, vendors contractors and business partners should treat it as confidential until confirmed otherwise by the Company’s President, Vice President or Chief Information Officer.

The term “Confidential Information” means and includes, in the broadest applicable fashion, all information (whether in written, oral or other tangible or intangible form) relating in any way to any material that is either:

(1) possessed by the Company,

(2) generated at the Company’s expense,

(3) of actual or potential economic value to the Company,

(4) provides the Company with any competitive advantage,

(5) provided to the Company by any third party, including but not limited to the Company’s clients, including but not limited to all information provided pursuant to any confidentiality or non disclosure agreement;

(6) subject to any confidentiality agreement, provision or obligation,

(7) designated as Confidential Information by Company, or from all relevant circumstances should reasonably be assumed to be confidential and proprietary to the Company; or

(8) not generally known by non-Company personnel.

“Confidential Information” includes, but is not limited to, all:

(i) trade secrets, as that term is defined under applicable federal and state law;

(ii) financial information, including, but not limited to, costs, profits and margins, and current and historical sales and marketing data;

(iii) business information, including, but not limited to, business processes, business methods, business plans, business development, ongoing business operations, and business strategy;

(iv) lists of past, current, and potential customers, prospects, vendors, and suppliers;

(v) files and information on past, current, or potential customers, prospects, vendors, and suppliers;

(vi) information on markets, market shares, market strategy, future business plans, acquisitions or dispositions, product or service development, system development, sources of supply, and internal studies;

(vii) information provided by third parties to the Company that is subject to any confidentiality or nondisclosure provision;

(viii) all products or processes for which patents, copyrights, trademarks or other intellectual property protection is pending or has been obtained; and

(ix) other similar information which is confidential in nature.

“Confidential Information” also includes personal and/or personally identifiable information and records of or regarding the Company’s clients and their customers and prospective customers (“Personal Information”). Personal Information includes all “non-public personal information” (“NPI”) (as defined in Title V of the Gramm-Leach-Bliley Act (15 U.S.C. Section 6801, et seq.) and the implementing regulations there under (collectively, the “GLB Act”), as the same may be amended from time to time), that the Company:

(i) has in its possession,

(ii) has received from or at the direction of its clients and/or

(iii) that concerns any of such client’s “customers” and/or “consumers” (as defined in the GLB Act).

All Employees, vendors, contractors and business partners must maintain all such Personal Information as required by the GLB Act, as it may be amended, and any rules and regulations promulgated under the GLB, as well as any other applicable federal or state statutes and regulations, and to keep confidential and to not, directly or indirectly, use or disclose to others any Personal Information. The term “Confidential Information” is intended to be interpreted broadly to encompass all items described in this paragraph regardless of whether any such item constitutes the legal definition of a trade secret.

No employee, vendor, contractor or business partner shall disclose either directly or indirectly, for his or her benefit or the benefit of another, any of the Company’s trade secrets or Confidential Information, whether or not the information is acquired, learned, attained, or developed by the employee in connection with others. Employees, vendors, contractors and business partners must take care to protect all such trade secrets and/or Confidential Information from misuse.

The Company may require some or all of its employees, vendors, contractors and business partners to sign a separate agreement regarding the entity’s obligations to preserve the Company's Confidential Information and customer records. On termination of employment, contract or other business arrangement or in no event later than within forty eight (48) hours of such termination, an employee, vendor, contractor or business partner must promptly return to the Company all Company property and equipment in the entity’s custody and/or control, specifically including all documents, disks or other computer media or other materials in the entity’s possession or control, including but not limited to all such material that contains any of the Company's Confidential Information or customer records.